Ben Flanagan
Associate
Ben Flanagan
- OfficeToronto
- Phone647 805 8464
- Fax647 689 3706
- [email protected]
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Legal Administrative Assistant
Christina Shuhaibar
647 805 8468
[email protected]
Profile
Ben is an experienced trial and appellate counsel, representing public and private sector clients in cybersecurity events, privacy breaches and the defence of associated third-party claims, including class actions. Ben also acts on environmental liability, complex GL and coverage matters. He is called to the bar in Ontario (2013), Alberta (2017) and British Columbia (2020) and holds a Certificate in Cybersecurity from York University.
Much of Ben’s time is devoted to cyber breach coach work involving ransomware, email compromise, funds transfer fraud, and other network compromise events. Having acted as counsel in hundreds of cybersecurity events, Ben has the experience to guide organizations through the most challenging moments they are likely to face. Ben offers practical legal advice on Canada’s privacy laws to minimize exposure to claims and protracted regulatory investigations and avoid reputational harm.
Ben also defends organizations against third-party claims that arise from cybersecurity events, privacy breaches, data loss, funds transfer fraud and other similar events. Ben has represented clients at trial, appeal and at judicial review hearings. Ben is also frequently retained to bring court proceedings to recover funds lost in EFTs and other types of payment fraud.
Ben’s cyber and privacy expertise is not limited to response work: he acts for enterprises of all sizes to better their preparedness for cyber and privacy incidents. Ben’s pre-breach work includes ensuring compliance with privacy laws across Canada, developing bespoke incident response plans and playbooks, running tabletop exercises to test readiness, assisting with vendor selection, etc.
Ben always works hard to find creative and cost-effective solutions for his clients. He believes that every minute spent on a matter must add value to his client. He also approaches every matter with the care, diligence and comprehensiveness that would be expected in a courtroom.
Ben has been an invited guest lecturer at his alma mater, the University of Alberta, and he frequently presents to industry on civil litigation topics. He has also served as a judge for law school moots and regularly mentors junior lawyers and students in trial advocacy and ethical practice, topics at the heart of Ben’s work.
Expertise
- Administrative Law
- Class Action
- Commercial Litigation
- Construction
- Coverage
- Cyber Liability
- Environmental Disputes
- Incident Response Planning & Preparedness
- Insurance
- Payments & Fund Transfer Fraud
- Privacy / Regulatory
- Public Liability
Education
Certificate in Cyber Security, York University, 2021
J.D., University of Alberta, 2012
B.A., (Physical & Biological Anthropology), University of Alberta, 2008
Professional Memberships & Affiliations
Called to the British Columbia Bar in 2020
Called to the Alberta Bar in 2017
Called to the Ontario Bar in 2013
Representative Cases
- Cox v. Swartz Estate, 2023 BCSC 1363; Successful trial judgment where Ben represented the Insurance Corporation of British Columbia. Its driver was involved in a single-vehicle accident. The Court found there was not sufficient evidence to establish prima facie liability on the part of the driver.
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Cox v. Swartz Estate, 2022 BCSC 1494; This is a mid-trial decision in a case where the plaintiff alleged catastrophic injuries. After closing his case, the plaintiff applied for permission to call additional evidence on liability. Ben successfully argued that the plaintiff should not be permitted to re-open his case and the matter proceeded to closing arguments.
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Northbridge Insurance Corporation v Trinidad Drilling Ltd., 2021 BCSC 836; Ben successfully defended his client at summary trial. The claimant alleged that Ben’s client had failed to obtain adequate insurance on its behalf. Ben successfully argued that there was coverage available under two separate policies of insurance.
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Anglin v Resler, 2020 ABCA 184; Ben successfully defended his client in this matter before the Alberta Court of Appeal. The plaintiff was a former member of the Legislative Assembly, who unsuccessfully ran for re-election in the 2015 provincial election. He alleged that the Chief Electoral Officer interfered in the election and sued the provincial government for various losses. Ben successfully argued that his client is not vicariously liable for the conduct of the Chief Electoral Officer.
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De Vos v Alberta (Transportation), 2020 ABQB 234; Ben successfully argued that the plaintiff’s claim against his client should be struck on the basis that his client did not owe the plaintiff a duty of care.
- Edmonton Police Service v Alberta (Privacy Commissioner), 2020 ABQB 10; In this access to information request matter, Ben successfully argued that certain documents were protected by solicitor-client privileged and that the Alberta Privacy Commissioner erred in ordering his client to produce them.
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Trach v Alberta (Transportation Safety Board), 2020 ABQB 21; Ben successfully defended his client in a claim by a lawyer whose driver’s licence had been suspended.
- Wang v Alberta (Justice), 2019 ABCA 507; Ben successfully argued that all of the appellant’s grounds of appeal should be dismissed in this case. The appellant had sought $4 million in damages from Ben’s client for negligence and wrongful dismissal.